The Urgence of Reconstruction the Offense of Adultery in Indonesia: A Form of Protection Against Legal Marriage and Sexual Morals Muslim Society (original) (raw)

2017, Ijtimā'iyya: Journal of Muslim Society Research

The aim of this study is to find exact formulation of the offense of adultery. Problems in the research: 1) how Indonesian muslim society understand and act toward adultery, 2) why muslimsociety solve adultery without taking 284 Criminal Code, 3) why reconstruction of adultery law is needed, The research designs are qualitative tradition, constructivism paradigm, socio legal methodology, while its approaches are hermeneutics, philosophy and phenomenological approach. Its analyzing data technique are inductive analysis through data reduction and triangulation.The results show that Indonesian muslimsociety in sanctioning toward people committing intercourse without any legal marriage. In sanctioning is based on local custom and Islamreligion believed by major local community, with its priority on justification principle, between human as individual and as social creatures, and its justification between the victim’s need and the actor’s importance.The conclusion is that adultery criter...